What should I know about probation violations in Indiana?

On Behalf of | Jun 17, 2022 | Criminal Defense

When a person is charged with a crime in Indiana, there might be a semblance of relief when they are given probation. For many crimes, if the prosecutor goes for the maximum penalties, they can be harsh with a jail sentence, fines and more. Of course, it is beneficial for a person to get probation when the alternative is the legal, personal and financial ramifications of incarceration and a criminal record. However, it is important to be cognizant of all aspects of probation including what violations might happen and how to fight the case if there is an allegation that probation was violated.

What are some conditions of probation under Indiana law?

People who are given probation in Indiana should know the law and how to follow the rules to maintain good standing. As part of probation, the person might be required to work at a suitable job or pursue higher education or training; take part in various forms of medical and psychological treatment and even be an inpatient; go to a facility or live in a facility for people who are on probation; take part in treatment programs; provide support to their dependents and meet their family responsibilities; repay the victim; repay the state; pay fines; agree not to have a firearm; perform community service; take tests to ensure they are not using illegal substances or drinking alcohol; and more.

Key points about violating probation

There are certain common ways in which a person might violate probation. If they are not supposed to be in certain locations and are caught at those locations, then this can be a probation violation. They might be caught with drugs; be caught drinking alcohol; fail to attend required treatment programs; repeat the same crime for which they were arrested before; or not pay the fines they were supposed to.

The court’s conditions for probation are clear. The court will inform the person of the conditions they must adhere to. They will also be told that if they commit a violation, it might be revoked one year after it was terminated or 45 days after there was notification that there was a violation. Those who were convicted of a felony and received probation, there can be a user’s fee charged. For a misdemeanor, there can be a user’s fee, the conditions can be modified or the termination can be terminated.

If probation is said to have been violated, being legally protected is a must

In general, most people who are brought up on criminal charges have limited exposure to the legal system. They are, for the most part, law-abiding citizens who might have gotten into a difficult situation with a drunk driving charge, drug charge, an uncharacteristically violent incident or making a mistake in taking something that did not belong to them. For these individuals, an extended prison sentence would likely be far worse for them than simply giving them probation and according them a chance to complete the terms and move on with their lives. Getting probation might be a relief for these individuals.

Still, if they are accused of violation probation – often for an innocuous violation they did not even realize would place their probation in jeopardy – they might not know where to turn. Having experienced assistance from those who are skillful, calm and pragmatic can be essential in a variety of ways. Not only can it help with the case itself, but it can place the person at ease as they navigate the terrain of the legal system. Even if there was a probation violation or there was an allegation of it that can be explained, it is imperative to have professional assistance. This is true for young people, local blue collar workers and anyone who is trying to maintain a clean record and avoid prison.